Terms of Service

1. Acceptance of Terms

By accessing or using Gestivio ("the Service") operated by Gestivio Inc. ("Company"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service. These terms constitute a legally binding agreement between you and Gestivio Inc., governed by the laws of the Province of Québec and the laws of Canada applicable therein.

2. Description of Service

Gestivio is a cloud-based field service management platform that provides tools for managing customers, jobs, invoices, scheduling, team management, and business analytics. The Service is intended for use by field service businesses and their employees.

3. Account Registration

You must register for an account to use the Service. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized account access
• Be responsible for all activity that occurs under your account
• Not share your account credentials with others

Accounts are for individuals and businesses, not for resale. You must be at least 18 years of age to create an account.

4. Subscription and Payments

Gestivio offers paid subscription plans. By selecting a paid plan, you agree to:

• Pay all fees associated with your selected plan
• Provide valid payment information via our payment processor (Stripe)
• Automatic renewal of your subscription at the end of each billing period unless cancelled

All fees are in Canadian dollars (CAD) and exclude applicable taxes (GST/QST). You are responsible for all applicable taxes.

Refunds: We offer a 14-day free trial. After the trial, subscription payments are non-refundable except as required by applicable law. If you believe a charge was made in error, contact billing@gestivio.ca within 30 days.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe any intellectual property rights
• Transmit spam, unsolicited communications, or malware
• Attempt to gain unauthorized access to our systems
• Impersonate any person or entity
• Collect or harvest data about other users
• Use the Service for any purpose other than managing your legitimate field service business

6. Data Ownership

You retain ownership of all data you input into the Service ("Customer Data"). You grant Gestivio a limited license to use, store, and process Customer Data solely to provide the Service. We will not use your Customer Data for any other purpose without your consent.

Upon account termination, you may export your data. We will retain backups for 30 days after account closure, then delete your data.

7. Intellectual Property

Gestivio and its licensors own all right, title, and interest in the Service, including all software, designs, content, and trademarks. These Terms do not grant you any rights to our intellectual property except as expressly stated.

8. Service Availability

We strive for high availability but cannot guarantee uninterrupted service. We may suspend or terminate the Service for maintenance, security, or other business reasons. We are not liable for any losses arising from service interruptions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GESTIVIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify and hold Gestivio harmless from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

11. Termination

Either party may terminate this agreement at any time. You may cancel your subscription from within the platform. We may terminate your access for violation of these Terms, with notice where reasonably practicable.

12. Governing Law and Disputes

These Terms are governed by the laws of Québec and Canada. Any disputes shall be resolved in the courts of Québec, Canada. You waive any objection to the exclusive jurisdiction of these courts.

13. Changes to Terms

We may update these Terms periodically. Material changes will be communicated via email at least 30 days before taking effect. Continued use after the effective date constitutes acceptance of the updated Terms.

14. Contact